Communication from the Commission to the European Parliament and the Council - The World Radiocommunications Conference 1997
Date: 1997-06-18
Institutions: European Commission
Subjects: International Telecommunication Union, international conference, new technology, telecommunications, waveband

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

*r 

Tir 

Brussels,  18.06.1997 
COM(97)  304  final 

COMMUNICATION  FROM  THE  COMMISSION 
TO  THE  EUROPEAN  PARLIAMENT  AND  THE  COUNCIL 

THE WORLD RADIOCOMMUNICATIONS  CONFERENCE  1997 

(WRC-97) 

TABLE OF CONTENT 

SUMMARY 

1. 

INTRODUCTION 

2. 

BACKGROUND  TO SPECTRUM  MANAGEMENT AND WORLD 

R A D I O C O M M U N I C A T I O NS  C O N F E R E N C ES 

2.1 

2.2 

2.3 

Why spectrum management  is important 

The international regulation of the radio spectrum 

The European approach towards WRC s 

6 

6 

7 

8 

3.  WRC  DECISIONS  IN THE CONTEXT OF COMMUNITY  POLICIES 

10 

3.1 

3.2 

Radio frequencies  and Community policies on radiocommunications 

10 

Frequencies  in relation to other Community  policies 

11 

4. 

T HE  NEED  FOR A CONCERTED  APPROACH  IN VIEW  OF THE WRC-97 

4.1 

4.2 

4.3 

Analysis of current approach and proposals for  improvement 

The WRC-97 agenda 

Issues for  forthcoming  WRCs 

5. 

CONCLUSIONS 

ANNEX I: 

MAIN  ISSUES ON THE WRC-97  AGENDA 

ANNEX  II: 

GLOSSARY 

15 

15 

18 

20 

21 

?^ 

24 

/  C \ 

SUMMARY 

The  radio  spectrum  is  a  scarce  resource,  essential  for  the  provision  of  radiocommunications 
services.  Spectrum-based  technologies  are  a  major  contributor  to  economic  growth  both 
directly  and  by  bringing  down  barriers  to  trade  in  a  wide  range  of  other  economic  sectors. ' 
Due 
for  spectrum  as  a  result  of  economic  growth, 
to  an 
innovations  in  radio  communications, 
telecommunications 
decisions on the cross-border availability of harmonised radio spectrum depend  on the  level of 
development of the radiocommunications  sector across nations.2 

liberalisation,  and  technical 

in  demand 

increase 

The  future  planning  of  frequency  bands  in  the  Community  to  a  large  extent  depends  on 
decisions  taken  at  World  Radiocommunications  Conferences  (WRCs)  which  are  organised 
under the auspices  of the International  Telecommunication  Union (ITU). At  WRCs,  countries 
decide  upon  frequency  allocations  and  sharing  arrangements.  The  next  WRC  (i.e.  WRC-97) 
will be held in Geneva from  27 October to 21 November  1997. 

The implications  of the decisions taken at WRCs go beyond the technical requirements  for  the 
coordination  of  radio  frequencies  at  the  global  level.  In  fact,  decisions  on  radio  frequencies 
concern  issues  of  public  policy  regarding  the  availability  and  efficient  use  of  an  economic 
scarce resource.  It  is therefore  essential  to  relate  the technical  decisions  taken  at  WRCs 
to  broader  policy  aspects,  for  example  as  concerns  telecommunications  regulation, 
competition  policy, and trade issues. 

(Digital 

European 

for  Mobile 

communications),  DECT 

In the context of Community  telecommunications  policy, Council  Directives  on GSM  (Global 
Cordless 
System 
Telecommunications),  and  ERMES  (European  Radio  Messaging  System),  as  well  as  a 
Council  Decision  on S-PCS (Satellite  Personal  Communications  Services)  have  been  adopted 
which  include  important  binding  provisions  for  the  availability  and  use  of  radio  frequencies 
for  these  important  second  generation  mobile  technologies.  More  recently,  the  Commission 
adopted  a  Communication  on 
further  development  of  mobile  and  wireless 
communications  (UMTS:  Universal  Mobile  Telecommunications  System)  which,  in  the 
context  of  the  emerging  'wireless  information  society',  addresses  key  issues,  including  on 
frequencies,  in  order  to  ensure  that  the  Community's  considerable  economic  stake  in  radio 
communications  is  safeguarded  into  the  next  Century.  Decisions  on  frequencies  in  the 
context  of  WRCs  should  therefore  comply  with  the  acquis  communautaire  in  the  policy 
areas mentioned  above. 

the 

In the context  of the recently  concluded  agreement  on basic telecommunications  in the  World 
Trade  Organisation  (WTO),  it  was  agreed  that  any  national  spectrum  management  measure 
which  has  the  purpose  or  effect  of  blocking,  or  unreasonably  limiting,  market  access  for 
operators  from  other  WTO  Member  countries  in  a  discriminatory  manner  would  violate  the 

As  an  example,  in  the  UK  the  radio  sector  is  estimated  to  contribute  about  1.5%  of  gross  domestic 

' 
product  and  1% of  employment. 

For  example,  penetration  rates  of  cellular  mobile  radiocommunications  in  the  Community,  currently  at 
an  average  level  of  14%, have  already  reached  30%  in  some  countries  and  it  is anticipated  that  they  will  rise  to 
40-50% of the  population  by  2005. 

1  K 

GATS  (General  Agreement  on  Trade  in  Services),  since  the  GATS  outlaws  discriminatory, 
anti-competitive  or  arbitrary  frequency  management  decisions.  WRC  decisions  may  further 
downstream  impact  on market access commitments  made under the  GATS. In this context,  it 
is important  to avoid  that certain  countries  use the ITU or a WRC to reformulate  or re 
interpret their GATS market access commitments. 

in 

the  CEPT 
the 

In accordance with the Council's views on the Europe-wide  cooperation  on radio  frequencies, 
the  Member  States  of  the  European  Union  (EU)  work  out  European  Common  Proposals  for 
(European  Conference  of  Postal  and  Telecommunications 
WRCs 
administrations), 
telecommunications 
inter-governmental  cooperation  platform  on 
regulation  between  43  European  countries.  The  CEPT  coordination  proved  to  be  reasonably 
effective  at the  previous  conference  in  1995 which  adopted  nearly  all  86  European  Common 
Proposals. However,  it should  be mentioned  that  the  CEPT  coordination  focuses  on  items  on 
the  WRC  agenda  but  lacks  a  mechanism  to  deal  with  proposals  which  are  submitted  at  the 
conference  itself  and  concern  issues  for  which  no  coordinated  position  has  been  developed. 
This  became  evident  when  a  proposal  was  submitted  at  the  WRC-95  to  have  frequencies 
allocated to broadband  satellite services (i.e. the so-called Teledesic issue). 

The  WRC-97  will  deal  with  an  extensive  agenda  of  technically  detailed  issues,  for  which 
nearly  160 European Common  Proposals have been adopted by the CEPT  . For the most part, 
the  WRC-97  agenda  items  relate  to  inconclusive  results  of  the  WRC-95  on  important  items 
which  include  the  mobile  satellite  and  fixed  satellite  service  and  are  therefore  expected  once 
more  to  become  items  of  major  technical  and  political  discussion.  In  addition,  proposals  for 
the agendas of forthcoming  WRC conferences  in  1999 and 2001 have been  formulated.  In this 
respect,  and 
in  accordance  with  the  Community  policy  on  the  future  of  wireless 
communications,  the  CEPT  will  propose  to  have  the  WRC-99  deal  with  the  frequency 
requirements  of  third  generation  mobile  technologies  (i.e.  UMTS)  and  a  failure  to  have  it 
become  an  agenda  item  at  the  WRC-99  would  have  major  consequences  for  the  European 
stakes in the mobile  sector. 

Against this background,  and considering  that  the availability  of radio  frequencies  is a sine 
qua  non  for  the  further  development  of  the  Community's  radiocommunications  sector, 
the  purpose  of  the  present  Communication  is  to  inform  Council  and  Parliament  about  the 
issues  at  stake  at  WRCs,  to  identify  how  WRC  decisions  relate  to  Community  policy  on 
radiocommunications, and to propose the following  necessary  improvements: 

• 

the  Community  should  be  more  closely  involved  in  the  WRC  process,  in  particular  as 
concerns  the  support  for  CEPT  work,  to  liaise  with  industry,  to  raise  political  awareness, 
and to assist  in establishing  and maintaining contacts with third countries in order to ensure 
that WRC results are fully  compatible with the acquis communautaire,  telecommunications 
and other policy  objectives; 

• 

the  Commission  or  Member  States  should  call  for  the  establishment  of  a  common 
Community  position: 

a) in case Member  States disagree amongst themselves on proposals  submitted  to 

the conference  which affect  the Community  as a whole; 

b) when Member  States disagree with other CEPT countries on such proposals; 

c) when CEPT proposals do not comply with Community  interests; or 

d) when a common Community position can contribute to strengthen the CEPT 

proposals in discussions with third countries. 

industry  at  Community  level  should  be  more  vocal  in  contributing  to  the  development  of 
positions  to  be  worked  out  by  the  CEPT  and  should  participate  at  WRCs  where  there  is a 
need for on-the-spot consultation; and 

the positions  worked  out prior to and at the conference  itself are appropriately  endorsed  by 
industry and political instances. 

1. 

INTRODUCTION 

The further  development  of the radio communications  sector in the  Community  depends to a 
large extent  on national, regional, and  international  decisions on the availability  and  usage  of 
radio  frequencies.  For  example,  penetration  rates  of  cellular  mobile  radiocommunications  in 
the  Community  have  already  reached  30%  in  some  countries  and  it  is  anticipated  that  they 
will  rise  to  40-50%  of  the  population  by  2005.  In  order  to  meet  the  demand  for  such 
radiocommunications  services, frequencies  need to be made available. 

The future  planning of frequency  bands in the European Union depends on the decisions  taken 
at World  Radiocommunications  Conferences  (WRCs3). These are held  every  two  years  under 
the  auspices  of  the  International  Telecommunication  Union  (ITU), the  specialised  agency  of 
the United Nations for telecommunications.  The WRCs decide whether, how, and under  what 
conditions  frequency  requirements  for  current  and planned  radiocommunications  systems  can 
be  accommodated. 

The next WRC will be held in Geneva from  27 October to 21 November  1997. 

The implications of the decisions taken at WRCs go beyond the technical requirements  for the 
coordination  of  radio  frequencies  at  the  global  level.  In  fact,  decisions  on  radio  frequencies 
concern  issues  of  public  policy  regarding  the  availability  and  efficient  use  of  an  economic 
scarce resource. It is therefore  essential  that public policy  objectives  are taken  into account  in 
the  technical  decisions  taken  at  WRCs,  for  example  as  concerns  telecommunications 
regulatory and trade policy. 

All  15  Member  States  of  the  European  Union  are  full  members  of  the  ITU.  The  European 
Community  has  the  status  of  observer  within  the  ITU.  On  the  basis  of  its  existing 
observership  status  within  the  ITU,  the  Community  has  participated  most  recently  at  the 
WRCs in  1992 and  1995. 

As requested  by Council4, common  European positions in relation to the use of the  frequency 
spectrum  concerning  international  frequency  harmonisation,  in  particular  with  regard  to  the 
ITU  and  its  relevant  WRCs,  should  be  worked  out  by  the  Member  States  using  mechanisms 
set  up  by  CEPT  (European  Conference  of  Postal  and  Telecommunications  administrations).5 
Within  CEPT,  the  Conference  Preparatory  Group  (CPG)  co-ordinates  the  preparation  for 
WRCs  through  the  adoption  of  so-called  European  Common  Proposals  (ECPs)  and  provides 

J 
text  will  however  refer  to  WRCs  which  does not make  a difference  of  substance. 

Prior  to  1993, these  conferences  were  called  World  Administrative  Radio  Conferences  (WARCs).  The 

4 
Council  Resolution  of  28  June  1990  on  the  strengthening  of  the  Europe-wide  cooperation  on  radio 
frequencies,  in  particular  with  regard  to  services  with  a pan-European  dimension,  90/C  166/02,  OJ  No  CI66/4, 
7.7.90. 

5 
CEPT  comprises  the following  43  European  (including  all  15 EU) countries:  Albania,  Andorra,  Austria, 
Belgium,  Bulgaria,  Bosnia  and  Herzegovina,  Croatia,  Cyprus,  Czech  Republic,  Denmark,  Estonia,  Finland, 
France,  Germany,  Greece,  Hungary,  Iceland,  Ireland,  Italy,  Latvia,  Liechtenstein,  Lithuania,  Luxembourg, 
Malta,  Former  Yugoslav  Republic  of  Macedonia,  Moldova,  Monaco,  Netherlands,  Norway,  Poland,  Portugal, 
Romania,  Russian  Federation,  San  Marino,  Slovak  Republic,  Slovenia,  Spain,  Sweden,  Switzerland,  Turkey, 
Ukraine,  United  Kingdom,  Vatican  City. 

its  members  with  standpoints  with  briefing  material  and  proposed  positions  (the  so-called 
CEPT Briefs) which together should ensure European coordination at WRCs. 

The  Community  is  represented  in  the  CPG  by  the  Commission  which  has  the  status  of 
Counsellor.  The  Commission  ensures  that  the  ECPs  to  be  adopted  comply  with  the  acquis 
communautaire,  in  particular  as  concerns  the  frequency  directives  on  GSM,  DECT,  and 
ERMES6.  Compatibility  of  WRC  decisions  with  the  Community's  telecommunications 
regulatory  framework  and other relevant policies, such as the Community's  obligations  under 
the international trade regime, also needs to be ensured. 

the  availability  of  frequencies 

WRC decisions may influence  Community policy on radiocommunications. For example, as a 
result  of  WRC  decisions  on 
for  satellite  personal 
communications  services  (S-PCS),  the  Council  adopted  on  6  March  1997  a  Decision  on  S-
PCS in order to facilitate  the introduction of such services in Europe while, at the  international 
level, a MoU on GMPCS  (Global  Mobile Personal  Communications  Services by  satellites)  is 
being  formalised.  On  the  other  hand,  the  emerging  European  policy  with  respect  to  the 
transition  of  second  generation,  such  as  GSM  and  DCS-1800,  to  third  generation  mobile 
technologies, such as UMTS (Universal  Mobile Telecommunications  System), should  include 
firm  action  with  respect  to  WRCs  in  order  to  secure  sufficient  frequencies.  In  this  respect, 
Community policy should result in WRC decisions. 

For  the  last  WRC  in  1995, 40  of  the  43  CPG  member  countries,  including  all  EU  Member 
States, co-signed  87 ECPs  most  of which  were  adopted  by the conference  and which  support 
the  further  development  of Europe's  radiocommunications  sector.  For  the  WRC-97, the  CPG 
is expected to adopt around  160 ECPs on virtually all agenda items. 

In  order  to  ensure  common  Community  and  wider  European  positions  at  the  WRCs  which 
safeguard  the Community's  interest  in the international  arena, the aim of this  Communication 
is, firstly, to: 

• 

inform  Council and Parliament about the issues at stake at WRCs, 

• 

identify  how WRC decisions relate to Community policy on radiocommunications, and 

•  describe how Europe is preparing  its positions. 

Secondly, to propose complementary  actions with the aim to: 

•  raise  awareness  at  the  political  level  and  at  the  level  of  industry  as  to  the  issues  and 
interests at stake at WRCs and to achieve a greater level of involvement  and support for the 
positions worked out; and 

•  ensure  that  the  decisions  taken  at  WRCs  comply  with  the  acquis  communautaire  and 
relevant Community  policies, in particular on telecommunications  regulation and trade. 

6 
they enter  into, (which  would  include the WRC), are compatible with  Community  law. 

EU  Member  States  are  required  under  Community  law  to  ensure  that  international  agreements  which 

2. 

B A C K G R O U ND  TO  S P E C T R UM  M A N A G E M E NT  A ND  W O R LD  R A D I O C O M M U N I C A T I O NS 
CONFERENCES 

2.1  Why spectrum  management is important 

The radio spectrum7 has to be managed and carefully  planned in order: 

• 

to ensure the proper functioning  of radiocommunications services; 

• 

to avoid transmission  interference; 

• 

• 

to  ensure  a  predictable  frequency  environment  which  allows  for  investment  in  radio 
equipment; and 

to  achieve  economies  of  scale through  international  coordination  of  frequencies  for  cross-
border or global networks and services or for services provided in contingent areas. 

Spectrum management  requires a careful  balancing between the interests of existing users and 
new candidates (e.g. analogue mobile and broadcasting  services vs. digital  services, terrestrial 
vs.  satellite  communications)  as  well  as  amongst  users  (e.g.  civil  vs.  military  and  other 
government  use,  incumbent  vs.  'new'  operators).  This  often  results  in  trade-offs  between 
economic interests, national security considerations, and international  obligations. 

The  technical  coordination  of  the  radio  spectrum  was  relatively  easy  as  long  as  enough 
spectrum  was  available  to  accommodate  all  applicants.  However,  economic  growth,  greater 
competition  in  telecommunications  and  broadcasting,  and  technical  innovation  have  fuelled 
demand  for  spectrum.  Such  demand  is  particularly  acute  for  private  mobile  radio,  mobile 
telephony 
radio 
communications  links.  In  the  field  of  satellite  communications,  the  systems  which  appear  to 
offer  great  potential  in  terms  of  service  package,  number  of  subscribers,  and  geographical 
coverage  concern  in  particular  S-PCS  and,  more  recently,  decisions  have  been  made  for  the 
use  of  the  higher  frequency  bands,  i.e.  19/29  GHz,  by  broadband  radio  communications 
services, including voice, data, video. 

terrestrial  broadcasting,  and  fixed 

(i.e.  GSM,  DCS-1800,  S-PCS), 

*© 

Beyond  the  technical  requirements  for  the  coordination  of  the  radio  spectrum,  frequency 
management  increasingly  also relates to regulatory  issues and trade policy. 

At  the  time  of  the  negotiations  on  Basic  Telecommunications  Services  conducted  in  the 
framework  of the  General  Agreement  on Trade in  Services  (GATS)  under  the auspices  of the 
WTO,8  it  was  recognised  that,  although  frequency  management  is  not  per  se  incompatible 
with  the  GATS  principles,  frequency  allocation  and  assignment  measures  or  technical 

7 
The  radio  spectrum  is  usually  taken  to  comprise  that  part  of  the  electromagnetic  spectrum  between 
frequencies  of  3 kHz  and  3000  GHz.  Different  frequencies  have  different  characteristics  that  make  them  suited 
for  particular  applications.  The  limits  of  use  of  the  radio  spectrum  are  set  by  propagation  factors  and  other 
technical  criteria. 

8 
WTO/GATS  Agreement  on  Basic  Telecommunications  Services,  concluded  on  15  February  1997:  69 
Member  countries  of  the  World  Trade  Organisation  (WTO)  --  including  the  European  Community  and  its 
Member  States  -- reached  agreement  on  the  liberalisation  of the global  market  for  telecommunications,  currently 
estimated  to be worth  more  than  600  billion  US  dollar. 

coordination  procedures  taken  by  WTO  Member  countries  for  radio-based  systems  may 
operate as disguised barriers to trade. 

Radiocommunications  operators,  in particular  in the  area  of  satellite  communications,  would 
prefer  to  have  exclusive  access  to  certain  frequency  bands  without  having  to  share  that 
spectrum  with  other  (competitive)  operators  since  technical  provisions  to  allow  for  shared 
spectrum usage makes service provision significantly  more expensive. However, the  exclusive 
assignment  of  frequencies  àt  thé  national  and  international  level  to  a  single  operator  is 
unlikely  for  economic,  political,  and  cultural  reasons.  In  other  words,  the  use  of  radio 
frequencies  is  in  essence  a  question  of  public  policy  concerning  the  efficient  use  of  an 
economic  scarce  resource. It is therefore  essential  that technical  decisions  on the use  of  radio 
frequencies  are set against wider public policy  objectives. 

2.2 

The international  regulation of the radio spectrum 

WRCs  decide  upon  the  future  frequency  allocations  and  sharing  arrangements  which  will 
effect  the  potential  for  telecommunications  development9.  All  countries  at  WRCs  are 
therefore  pressing  claims,  often  conflicting,  upon  scarce  radio  frequencies  and  orbital 
positions.  WRCs  result  in  a  Final  Act,  embodying  a  regulation  which  in  principle  will  be 
binding  on  all  ITU  members10.  Member  countries  may,  however,  make  reservations 
indicating parts of the Final Act which they will not or will only partially implement. . 

The  aim of the  ITU  regulations11  is to provide the minimum  treaty-level  agreements  required 
to  permit  the  existing  global  telecommunications  system  to  function,  and  to  facilitate  the 
development  and application of new technologies. As radio waves cannot  be contained  within 
national  boundaries,  it is essential  that  governments  agree at both a global  and  regional  level 
on  which  radiocommunications  services  will  use  which  frequencies,  as  well  as  on  the  rules 
and  procedures  to  avoid  harmful  interference,  for  example  between  terrestrial  radio  stations 
and earth orbiting  satellites. 

9 
How  systems  eventually  enter  the  market  through  a  series  of  international,  regional,  and  national 
agreements  can  be  illustrated  with  DCS-1800.  At  the  WRC-92,  decisions  were  made  concerning  the  future 
global  use  of  the  radio  spectrum  by  terrestrial  mobile  communications  and  satellite  based  communications 
systems.  Consequently,  decisions  were  made  at  the  European  level  in the  CEPT  framework  to  allocate  certain 
frequency  bands to DCS-1800. At the level of the EU, DCS-1800 is considered to pave the way for the  provision 
of  personal  communications  services  in  the  emerging  Information  Society  and  Member  States  have  been 
required  by  Directive  96/2/EC  to  allocate  licenses  for  the  deployment  of  such  systems.  At  the  national  level, 
certain  Member  States have  in fact  assigned  spectrum  to DCS-1800 operators while  in other  Member  States the 
identified  bands  first  need  to  be  cleared  since  they  are  still  in  use  by  incumbent  telecommunications 
organisations or the  military. 

10 

Currently, the  ITU has  186 members, including all CEPT member countries. 

H 
The  basic  instrument  of  the  ITU  is  the  International  Telecommunication  Convention,  which  has 
international  treaty  status  when  ratified.  Regulations  and  plans  for  spectrum  allocation  and  usage,  known  as  the 
ITU  Radio  Regulations,  are  agreed  through  World  Radiocommunications  Conferences  (WRCs),  which  are 
organised  on  a  biannual  basis.  The  frequency  allocations  in  the  ITU  Radio  Regulations  for  satellite 
communications  services  are  divided  amongst  their  technical  transmission  (and  not  regulatory)  characteristic 
the most  important  being the fixed,  mobile, broadcasting, and radiodetermination  satellite services. 

The ITU Radio Regulations embody these agreements. 

Examples of issues discussed at WRCs include: 

•  To  what  extent  are  (additional)  frequency  allocations  required  for  new  or  existing 
radiocommunications  systems,  such  as  mobile  and  satellite  communications  and 
broadcasting? 

•  In which part of the frequency  spectrum can new allocations be  accommodated? 

•  What  impact  do  frequency  allocations  have  on  existing  or  planned  systems  in  terms  of 
interference  and  sharing possibilities  and which  system  should  have priority  over the other 
in the use of the spectrum? 

The Community has the status of observer within the ITU but its participation  is limited to the 
attendance  of  WRCs  and  meetings  of  the  ITU  study  groups.  On  the  basis  of  its  existing 
observership  status, the  Community  has most  recently  participated  at the  WRCs  in  1992 and 
1995. 

National  frequency  allocation12  tables  are  based  on  the  ITU  Radio  Regulations,  although 
minor national  variations may sometimes occur. Rather, the national  tables usually  clarify  the 
user (or users) to whom the bands are allocated. In the Member States of the EU, it is the radio 
communications  department  of  the  National  Regulatory  Authority  for  telecommunications 
(NRA)  which  manages  nearly  all  the  civil  radio  spectrum  and  is  responsible  for  spectrum 
allocated  for  military  use and certain other government  departments  and  bodies. These  "radio 
authorities" are  responsible  for  enforcement  against  illegal  transmitters,  ensuring  compliance 
with  license  conditions,  and  resolving  complaints  about  interference;  they  usually  also 
represent the national interests in international  fora such as the CEPT and ITU. 

2.3 

The European  approach towards WRCs 

Beyond  the  global  allocation  of  frequency  bands,  agreement  at  regional  level  (in  Europe 
within the CEPT) is equally  important on the precise identification  of frequency  ranges within 
the  globally  established  bands  which  particular  services  and  systems  will  use.  This  ensures 
both  avoidance  of  interference  between  different  systems,  and,  in  a  European  Community 
context, that Europe-wide  service provision and operation, supported  by roaming, is enabled. 

1- 
Allocation  (of  a  frequency  band):  entry  in  the  Table  of  Frequency  Allocations  of  a  given  frequency 
band  for  the  purpose  of  its  use  by  one  or  more  terrestrial  or  space  radiocommunication  services  or  the  radio 
astronomy  service under specified  conditions. Allotment (of a radio frequency  or radio  frequency  channel): entry 
of a designated  frequency  channel  in an agreed  plan, adopted by a competent  conference,  for  use by one or more 
administrations  for  a  terrestrial  or  space  radiocommunication  service  in  one  or  more  identified  countries  or 
geographical  areas  and  under  specified  conditions.  Assignment  (of  a  radio  frequency  or  radio  frequency 
channel): authorisation  given  by an administration  for a radio station  to use a radio, frequency  or radio  frequency 
channel  under  specified  conditions.  It  is  important  to  note  that  national  administrations,  and  not  the  ITU  or 
WRCs, actually  determine  which  operators may use certain  radio frequencies  or radio frequency  channels. 

In  accordance  with  Council  Resolutions  90/C  166/0213,  92/C  318/0114,  and  the  Council 
Conclusions  of  7 December  199315, the  Commission  is required  to  give  full  consideration  to 
the  mechanism  of  decisions  of the  European  Radiocommunications  Committee  (ERC)  of  the 
CEPT  (European  Conference  of  Postal  and  Telecommunications  Administrations)  as  the 
primary  method  of  ensuring  the  provision  of the  necessary  frequencies  for  new  Europe-wide 
radio services. 

As to the international  dimension  of the regulation  of the radio  spectrum,  Council  Resolution 
90/C  166/02  considers  as  a  major  policy  goal  developing  common  European  positions  in 
relation 
frequency 
the  frequency  spectrum  concerning 
harmonisation,  in particular with regard to the ITU and its relevant  WRCs, using  mechanisms 
set up by CEPT. 

the  use  of 

international 

to 

These  common  European  positions  are  developed  within  the  Conference  Preparatory  Group 
(CPG)  of  the  CEPT.  It  co-ordinates  the  preparation  for  WRCs  through  the  adoption  of  so-
called  European  Common  Proposals  (ECPs),  which  are  co-signed  by  the  individual  CPG 
administrations, and the CEPT Brief which gives the CEPT line on each agenda item, together 
with  background  information  and,  where  appropriate,  comments  on  proposals  from  other 
countries.  This  is  intended  to  ensure  that  Europe  speaks  with  one  voice  in  negotiating  its 
interests in radiocommunications  at WRCs. 

Taking  into  account that WRCs take place every two years, the CEPT established  in  1994 the 
CPG  as  a  permanent  autonomous  working  group  to  coordinate  the  preparations  for  WRCs. 
The  preparation  of  ECPs  is  of  a  highly  teclinical  nature  carried  out  by  several  hundreds  of 
frequency  experts  of  the  CPG  member  countries.  It  not  only  requires  in-depth  knowledge  of 
the  current  and  planned  use  of  the  frequency  spectrum  at  the  European  level  but  also  at  the 
global  level in order to formulate  positions on third country proposals. 

The  Commission  represents  the  Community  in  the  CPG  as  Counsellor,  though  the  EU 
Member  States  participate  in  their  own  right.  It  ensures  that  the  common  positions  to  be 
adopted  comply  with  the  acquis  communautaire  and  are  in  accordance  with  Community 
policies  on,  in  particular,  telecommunications  and  trade.  The  Commission  also  closely 
scrutinises  the balance to be  struck  between  representation  of the  interests  of the  Community 
in the formulation  of positions  to be defended  by the CPG which comprises 43 countries  with 
very differing  levels of radiocommunications  development. 

l-3 
Council  Resolution  of  28  June  1990  on  the  strengthening  of  the  Europe-wide  cooperation  on  radio 
frequencies,  in  particular  with  regard  to  services  with  a pan-European  dimension,  90/C  166/02,  OJ  No  CI66/4, 
7.7.90. 

14 
Radiocommunications  Committee  Decisions, 92/C 318/01, OJ No C318/1, 4.12.92. 

Council  Resolution  of  19 November  1992  on  the  implementation  in  the  Community  of  the  European 

15 

See Council  press release  10910/93 224-G. 

3.  W RC  DECISIONS IN THE CONTEXT OF COMMUNITY  POLICIES 

3.1 

Radio frequencies  and Community  policies on  radiocommunications 

The objectives  of Community policy with regard to radio frequencies16  are: 

• 

• 

to secure  required  radiocommunications  frequencies  for  the  implementation  and  operation, 
as  far  as  possible  in  competition,  of  Community-wide  and  Europe-wide  trans-European 
systems  and  services  to  foster  the  creation  of  an  internal  market  for  radiocommunications 
equipment  and  services.  The  adoption  of  Council  Directives  on  GSM17,  DECT18,  and 
ERMES19 were inspired by this objective. 

to  achieve  Community-wide  markets  in  order  to  allow  economies  of  scale  for  the 
introduction  of  new  equipment,  in  particular  equipment  produced  according  to  European 
standards  worked  out  by  the  European  standardisation  system.  This  objective  will  be 
essential  in many cases if the Community wants to make full  use of the work undertaken  in 
the European Telecommunications  Standards Institute (ETSI). 

• 

to  ensure  common  Community  and  wider  European  positions  at  the  WRCs,  in  order  to 
safeguard  the Community's  interest in the international  arena. 

As  stated  above,  and  at  the  request  of  the  Council,  these  common  European  positions  are 
worked  out  in  the  framework  of  the  CPG  and  not  at  the  level  of  the  Community.  However, 
considering  that  the  availability  of  frequencies  is a sine qua  non  for  the  further  development 
of  Europe's  radiocommunications  sector,  the  Community's  political  weight  should  be 
employed  to  its  full  extent  in order  to ensure that  the relevant  policies  are  taken  into  account 
in the deliberations at the level of the CPG and WRCs. 

In  addition  to  the  availability  of  frequency  bands,  the  development  of  mobile,  satellite  and 
wireless  services  in  the  Community  should  be  seen  in  a wider  context  and  also  depends  on. 
inter alia: 

• 

the  liberalisation  of  telecommunications  markets  in  the  Community  by  1 January  1998 
which  is  stimulating  the  demand  for  spectrum  (e.g.  considerable  growth  of  mobile 

16 
A New Approach  to the co-ordination  of radio frequencies  in the Community.  Communication  from  the 
Commission  concerning  a  proposal  for  a  Council  Decision  on  the  implementation  by  the  Member  States  of 
measures concerning  radio frequencies,  COM(93) 382 final,  10.9.93. 

17 
Council  Directive  of  25  June  1987  on  the  frequency  bands  to  be  reserved  for  the  co-ordinated 
introduction  of  public  pan-European  cellular  digital  land-based  mobile  communications  in  the  European 
Community  (GSM), (87/372/EEC; OJ  L  196/85,  17.07.1987). 

Council  Directive  of  3 June  1991  on the  frequency  bands  designated  for  the  co-ordinated  introduction 
'8 
of  digital  European  cordless  telecommunications  into  the  Community  (DECT),  (91/287/EEC;  OJ  L  144/45, 
08.06.1991). 

19 
Council  Directive  of  9  October  1990  on  the  frequency  bands  designated  for  the  co-ordinated 
introduction  of  pan-European  land-based  public  radio  paging  in  the  Community  (ERMES),  (90/544/EEC;  OJ L 
310/28,09.11.1990). 

10 

networks  such  as  GSM  and  DCS-1800  in  terms  of  subscribers,  network  providers,  and 
coverage); 

the  degree  to  which  industry  develops  new radiocommunications  systems  in order  to  meet 
the  requirements  for  communications  in  the  emerging  Information  Society  (e.g.  the 
development of so-called third generation mobile systems such as UMTS and  S-PCS); 

the Community's  policy with respect to the cross-border provision  and mutual  recognition 
of  telecommunications  and  radiocommunications  equipment  (e.g.  standardisation  and  CE 
marking policies); 

• 

• 

•  social  and  cultural  policies  with  respect  to  the  dissemination  of  information  and 

broadcasting services (e.g. data protection and cross-border television policies); and 

• 

the  Community's 
trade  relations  with  third  countries  in  terms  of  market  access 
commitments  in view of its obligations  under the international  trade regime  (e.g. the  WTO 
Agreement). 

Taking  into  account  that  the  availability  of harmonised  spectrum  across  the  Community  and 
more widely  throughout  the  CEPT countries  is a prerequisite  for  the  pan-European  provision 
of  mobile,  fixed,  and  satellite  radiocommunications  services  and  related  equipment,  it  is 
essential  to  ensure  that  the  decisions  to  be  taken  by  WRCs  are  in  accordance  with  Europe's 
interests in the radiocommunications  sector. 

3.2 

Frequencies  in relation to other Community  policies 

Community  policy  on radiocommunications  is both influenced  by WRC decisions  and  should 
aim  at  obtaining  results  at  WRCs  which  are  consistent  with  those  policy  objectives.  This 
means  that  in  approaching  frequency  issues, the  Community  must  look  beyond  the  Member 
States  obligations  to ensure  timely  implementation  of frequency  decisions taken  at  WRCs,  in 
order  to  establish  clear  objectives  for  the  Community  at  WRCs.  Those  objectives  will  be 
established  in the light of current policy priorities20. 

Community  policy  on  S-PCS 

Following  frequency  allocations  by  the  WRC-92,  satellite  personal  communications  services 
(S-PCS)  have  been  licensed  in  the  United  States  and  launch  programmes  are  underway. 
These services be soon commercially  available and have the potential  to offer  voice  telephony 
on  a  world-wide  basis  with  a  hand-held  terminal.  On  the  basis  of  a  Communication  on  S-
PCS21,  Council  adopted  in  December  1993  a  Resolution22  emphasising  the  importance  of 

20 
Including  but  not  limited  to  policies  related  to:  second  generation  and  third  generation  mobile 
communications  systems  and  satellite  communications  (GSM,  DECT,  ERMES,  DCS-1800,  UMTS,  S-PCS), 
broadcasting, radionavigation  and positioning,  Earth observation  applications. 

Communication  from  the  Commission  on  satellite  personal  communications,  COM(93)  171  final, 

-1 
27.04.93. 

22 
services  in the Community  (93/C 339/01 ; 16.12.93). 

Council  Resolution  of  7  December  1993  on  the  introduction  of  satellite  personal  communications 

11 

developing  a  Community  policy  in  this  area  and  inviting  the  Commission,  inter  alia,  to 
investigate  the  significance  of  satellite personal  communications  in the  formulation  of  Union 
policies  for  telecommunications,  space,  trade,  industry,  regional  development,  and,  where 
necessary, to propose appropriate measures and/or actions. As proposée! by the  Commission23, 
Council  adopted  on  6 March  1997 a Decision  with  the aim  of establishing  by  July  of  1997 a 
common  selection  of  satellite  systems  for  such  services  and  the  adoption  of  harmonised 
conditions for  services, equipment,  interconnection, numbering, and gateway  access operating 
in determined  frequency  bands.24 

Furthermore,  since  S-PCS  services  will  be  global,  it  was  decided  at  the  ITU  World  Policy 
Forum of  1996 to set up a MoU (i.e. GMPCS MoU) to address international  regulatory  issues, 
such  as  type  approval  and  marking,  terminal  licensing,  access  to  traffic  data,  and  customs 
issues. 

S-PCS  is  again  on  the  agenda  of  the  WRC-97.  It  is  important  to  ensure  that  any  new  WRC 
decisions regarding  S-PCS comply with the Community policy established thus  far. 

Community policy  on UMTS 

The  Commission  Green  Paper  on  mobile  and  personal  communications25  identified  the 
continued  support  for  the evolution  towards personal  communications  and  the need  to  ensure 
a  smooth  transition  towards  UMTS  as  important  pre-requisites  for  providing  Europe  with  a 
long-term  perspective  for the telecommunications  sector.  Today, broad  consensus  exists as to 
the  important  role  of  UMTS  in  establishing  global  information  infrastructures.  It  should  be 
noted  that  the  WRC  in  1992  identified  frequency  bands  for  FPLMTS  (Future  Public  Land 
Mobile  Telecommunications  Systems)26, whose  European  version  is UMTS. As was the case 
with  the  introduction  of  GSM  in  the  1980s,  important  regulatory  issues  (e.g.  licensing, 
numbering,  and  frequency  band  allocation)  for  UMTS need to be addressed  in the near  future 
in order to create the conditions for  investment and a predictable environment  for the alliances 
likely to emerge to develop UMTS. 

To  this  end,  the  Commission  has  initiated  the  set-up  of  a  UMTS  Forum,  the  objective  of 
which  is  to  contribute  to  the  elaboration  of  a  European  policy  for  the  transition  towards  the 
UMTS  environment.  The  UMTS  Forum  will  provide  its  recommendations,  including  on 
frequency  requirements  for  UMTS,  in the  summer  of  1997. In parallel,  the  Commission  has 

23 
communications  services  in the European  Union, COM(95) 529 final, OJ C  15/6, 20.1.96. 

Proposal  for  a  European  Parliament  and  Council  Decision  on  an  action  in the  field  of satellite  personal 

24 
approach  in the field  of satellite personal-communications  services  in the Community,  OJ  L105, 23.4.97. 

Decision  No  710/97/EC of the  European  Parliament  and  of the  Council  on  a coordinated  authorisation 

2^ 
and personal  communications  in the European  Union, COM(94)  145 final, 27.04.94. 

Towards  the  personal  communications  environment:  Green  Paper  on  a  common  approach  to  mobile 

26 
IMT-2000 
Telecommunications  with  2000 referring  to the year IMT is likely to be implemented). 

the  acronym  FPLMTS 

ITU  changed 

Recently, 

into 

the 

(International  Mobile 

12 

initiated  the  political  debate  on  the  possible  need  for  further  regulatory  action  as  regards 
UMTS in a Communication27  which outlines the regulatory and strategic issues at stake. 

The  frequency  bands  identified  at  the  WRC-92  for  UMTS  are  likely  to  be  insufficient  to 
accommodate  the  requirements  in  Europe  in  the  longer  term.  It  is  therefore  important  to 
ensure that Europe formulates  its position with regard to frequency  requirements  for UMTS as 
a matter of urgency in order to seek additional frequency  allocations at forthcoming  WRCs. 

Community policy  with respect to Research and Technological Development 

The Commission  proposal  for the Fifth  Framework  Programme  of the EC for  RTD  Activities 
(1998-2002)28  includes  research  activities  on  the  development  of  generic  earth  observation 
technologies,  notably  satellite  technologies  for  environmental  monitoring  and  resources,  and 
ecosystem  management  which  are  closely  related  to  other  Community  policies,  such  as 
agriculture,  fisheries,  environmental, etc.. R&D activities  on earth  observation  are  also  called 
upon  in  the  broader  context  of  the  Communication  to  the  Council  and  the  European 
Parliament  on the European Union and  Space: Fostering  Applications, Markets  and  Industrial 
Competitiveness29. 

At  this  critical  stage  of  the  further  opening  up  of  the  potential  of  space  research  and  earth 
observation, 
the  potential 
it  is  important  that  the  WRC  negotiations  closely  follow 
development  of  these  initiatives,  and  do  not  act  as  a  detriment  to  stakeholders  in  their 
successful  application  (industry,  users,  research  organisations,  and  international  agencies, 
such  as  ESA  and  EUMETSAT). 
It  is  particularly  important  to  identify  the  necessary 
frequencies  for  this use of general  interest  and to avoid possible  impediments  restricting  such 
optimum use. 

Community  competition policy 

Directive  96/2/EC  on mobile and personal  communications30  has set out the basic  framework 
regarding  the  attribution  of  frequencies.  Under  this  Directive,  Member  States  must  publish 
every  year  or  make  available  on  request,  the  allocation  scheme  of  frequencies  reserved  for 
mobile and personal communications  services, according to the scheme set out in the annex of 
the  Directive.  Furthermore,  Directive  96/19/EC  on the  implementation  of  full  competition  in 
telecommunications  markets31  states  the  obligation  of  the  Member  States  not  to  refuse 
licenses  as  far  as  frequencies  are  available.  The  Treaty  competition  rules  do  not  distinguish 
between  mobile  systems based  on  standards  developed  by European  bodies, such  as ETSI, or 

27 
wireless communications  in Europe -- challenges and choices, COM(97)217 final,  29.05.97. 

Communication  to the  European  Parliament  and  the Council  on the further  development  of mobile  and 

28 

29 

COM(97)142,30.04.97. 

COM(96)617, 04.12.96. 

J0 
personal  communications, 96/2/EC, OJ  L 20/59, 26.01.96. 

Commission  Directive  of  16 January  1996 amending  Directive  90/388/EEC  with  regard  to  mobile  and 

J' 
the  implementation  of full  competition  in telecommunications  markets, 96/19/EC, OJ  L 74/13, 22.03.96. 

Commission  Directive  of  13 March  1996 amending  Commission  Directive  90/388/EEC  with  regard  to 

13 

other  systems.  Priority  to  European  Standards  must  be  given  only  where  provided  for  in 
Community  legislation. 

The  aim  of  the  competition  rules  as regards  frequency  allocation  is  to1 ensure  that  choices  in 
this area do not privilege technical  solutions at the expense of competing  technologies,  which 
could  better  match  the  needs  of the users  in the  Community  where  such  an  allocation  would 
limit production, output or teclinical development in the sense of Article 86(c). 

Community policy  with respect to trade 

The GATS WTO GBT agreement will open up national  markets to foreign  competition,  allow 
foreign  participation 
in  national  telecommunications  companies,  and  provides  for  an 
international framework  of regulations. 

It  should  be  noted  that  the  GATS  obligations  apply  to  the  processes  of  domestic  frequency 
management  and  licensing  As  stipulated  in the  GATS  context32,  the  sovereign  right  of  every 
WTO Member to manage frequencies  should be administered  in an objective, transparent,  not 
discriminatory  and  not  more  burdensome  than  necessary  manner.33  Furthermore,  most 
countries have committed  themselves explicitly to manage frequencies  in an objective,  timely, 
transparent,  and not-discriminatory  manner and to make publicly  available the current  state of 
allocated  frequency  bands.34  Therefore,  any  national  spectrum  management  measure  which 
has  the  purpose  or  effect  of  blocking,  or  unreasonably  limiting,  market  access  for  operators 
from  other  WTO  Member  countries  in  a  discriminatory  manner  would  violate  the  GATS, 
since the  GATS  outlaws  discriminatory,  anti-competitive  or  arbitrary  frequency  management 
decisions.35  Nevertheless  the  GATS  recognises  that  frequency  management  policies,  if 
implemented  in accordance  with these provisions, do not per  se constitute  a disguised  barrier 
to trade. 

As a result,  frequency  allocations  to radiocommunications  services  within  the  ITU  and  WRC 
context should  be distinguished  from  market access commitments  under the GATS. However, 
the GATS obligations  do apply to regional and national  frequency  management  procedures,  -
i.e.  to  the  process  by  which  countries  license  and  assign  spectrum  to  radiocommunications 
operators  —, as  well  as  to  the  technical  stage  of  getting  a  satellite  or  satellite  system  fully 
coordinated  at  the  international  level.  WRC  decisions  may  further  downstream  impact  on 
market  access  commitments  made  under  the  GATS.  In  this  context,  it  is  important  to  avoid 
that certain countries use the ITU or a WRC to reformulate  or re-interpret  their  GATS  market 
access  commitments.  At  the  same  time,  WRC  decisions  should  take  into  account  the  impact 
such decisions eventually  may have on market access commitments  under the GATS. 

J2 

JJ 

See: Chairman's  Note on market access limitations on spectrum  availability. 

See Article  VI (Domestic  Regulation) of the GATS. 

34 
commitments  on basic telecommunications  services. 

See  Reference  Paper  on  regulatory  principles  as  attached  for  instance  to  the  EC  schedule  of 

35 
offer  as a binding commitment,  and Article  VI (Domestic  Regulation) of the GATS. 

See:  Reference  Paper  on  regulatory  principles;  most  countries  have  included  these  principles  in  their 

14 

THE  NEED FOR A CONCERTED APPROACH IN VIEW OF THE WRC-97 

4.1 

Analysis  of current approach and proposals for  improvement 

The CPG  coordination 

At  the  WRC-95,  on  the  basis  of  a  last-minute  proposal  which  became  to  be  known  as  the 
Teledesic  issue, the conference  was requested  to allocate frequencies  to the  non-geostationary 
fixed-satellite  service  (NGSO  FSS  i.e.  basically  satellite  broadband  services)  which  was  not 
on the agreed  agenda and  for  which the CPG had not formulated  a position.  The  CPG  argued 
that  time  was  needed  to  examine  which  impact  allocations  to  NGSO  FSS  would  have  on 
existing  and  planned  networks  in  Europe  and  that  therefore  WRC-95  should  postpone  the 
discussion  until  1997.  However,  the  CPG  countries  were  outvoted  by  the  majority  of  WRC 
delegations and had to co-operate  in facilitating  the introduction of NGSO FSS.36 

It  should  be  noted,  however,  that  the  mechanism  of  the  coordination  of  national  positions  in 
the CPG proved  to be reasonably  effective  at the WRC-95: 40 member  administrations  of the 
CPG37,  including  all  EU Member  States, negotiated  during the  WRC  conference  on the  basis 
of  87  specific  ECPs  covering  all  agenda  items.  Most  of  these  ECPs  were  adopted  by  the 
conference, 
the  development  of  Europe's 
a 
radiocommunications  sector. 

that  will 

strengthen 

further 

fact 

There are several  advantages for  the European  Community  to co-ordinate positions within  the 
framework  of the CPG: 

• 

• 

• 

the  fact  that  the  CPG  comprises  43  European  countries  has  the  potential  that  the  use  of 
frequencies  is harmonised beyond the level of the Community; 

the  technical  expertise  as  regards  the  use  of  frequencies  in  Europe  lies  primarily  in  the 
national  administrations  which  are  represented  in  the  CPG  and  which  has  the  political 
support of the Member States; 

the coordinated  point  of view at WRCs of potentially  43  European  countries  adds value to 
the position  of the  Community  or of individual  CPG member  countries  alone  (i.e.  strength 
in numbers); 

36 
Eventually, detailed  negotiations  with  in particular  the  US and  Japan  led  to a reduction  of  the  requested 
amount  of  frequencies  for  NGSO  FSS and  to  make  these  allocations  provisional  pending  sharing  studies.  WRC-
97  would  then  have  to  decide  on  actual  allocations  in  the  light  of  these  sharing  studies.  Furthermore,  a  number 
of CPG  members  took  reservations  on  this  issue which  were  included  in the  Final  Acts  of the  conference. 

37 

Only  Albania,  Bosnia-Herzegovina  and  Russia  did  not sign  the  ECPs. 

15 

• 

the  radiocommunications  industry,  which  increasingly  aims  for  the  European  rather  than 
the  Community  market,  is  invited  to  be  involved  in the  preparation  of  common  positions 
by the CPG. 

However,  it  appears  on  the  basis  of  experience  that  a  number  of  improvements  should  be 
introduced 
in 
radiocommunications  vis-à-vis WRCs. 

to  ensure  appropriate  representation  of  Europe's 

in  order 

interests 

Raising political  awareness 

The fact  that the agenda for WRCs appears to deal with technical issues alone hiay explain the 
rather  low  level  of  interest  from  the part  of political  instances  of the  CEPT  members,  which 
normally  refer  to  their  technical  frequency  departments  to  deal  with  these  issues,  both  in 
preparing for and negotiating at WRCs. 

In  the  context  of  the  WRC-95,  the  impression  at  the  political  level  on  in  particular  NGSO 
FSS/Teledesic  issue  was  given  that,  on the  one  hand,  the  CPG  delegations  were  obstructing 
frequency  allocations to a new radiocommunications  systems and that, on the other  hand,  the 
European interests were not adequately  secured. 

As mentioned,  the CPG had not developed  a position on NGSO FSS since it was not  included 
on the agenda.  For this reason, it appears that the extent to which Europe's  industry  would  be 
affected  by  allocations  to  NGSO  FSS  had  not  been  discussed  with  the  telecommunications 
ministries.  Political  awareness  on  the  issue  was  only  raised  after  the  telecommunications 
ministries  were  contacted  by  NGSO  FSS  proponents  who  requested  a  more  favourable 
attitude by the European delegations towards the proposal. 

This  illustrates  the need  to ensure  that  decisions  on frequency  are not  confined  to  a technical 
level, but that  full  information  is provided  at a political  level about  the  European positions  to 
be  negotiated  and  the  possible  consequences  of  WRC  decisions  for  telecommunications 
regulation  and trade policy. A cohesive and pro-active  approach towards  WRCs should  be put 
in place which not only appropriately  secures Europe's  own interests  in  radiocommunications 
but  which  is  also  capable  of  adequately  responding  to  issues  other  negotiating  parties  attach 
importance to. In this context, it is equally important for strategic reasons to ensure a common 
Community  position  to  proposals  which  are  of  less  importance  to  the  Community.  This  is 
essential  to obtain  the necessary  political  support  on issues of priority  to  the  Community  and 
to facilitate  trade-offs  with third countries in areas of lesser importance to the Community. 

Involvement  of industry 

The  current  arrangements  for  preparing  for  WRCs  could  be  further  strengthened  by 
mobilising  industry  to express its current and planned  priorities for  radiocommunications  and, 
consequently,  to  cooperate  in  the  formulation  of  common  positions  with  respect  to  expected 
frequency  requirements. This should result in articulated  support  by industry  for  any  common 
positions worked out, both at and following  WRCs. 

Industry  is not  in a position  to endorse the ECPs which  are developed,  nor  is its  participation 
in  national  delegations  to  WRCs  sufficient  for  on-the-spot  consultations.  In  order  to  consult 
industry  on  the  preparations  for  the  WRC-97,  the  Commission  Services  has  organised  two 

16 

consultation meetings in the run-up to the WRC-97 from  which the following  conclusions  can 
be drawn: 

• 

• 

• 

• 

industry believes that the preparatory work carried out by the CPG is  useful; 

individual  companies participate  in the development of ECPs but only  when the issue  is of 
direct concern; 

industry sees a need for further  political support to the positions worked out by the CPG; 

industry believes that the preparatory  lobby of third countries by the United  States has been 
an  important  factor  in  their  success  at  WRCs;  European  action  in  this  respect  needs 
improvement; 

• 

industry sees advantages in participating at WRCs but does not have the resources; 

•  no  industry  platform  exists  which  could  rapidly  assess  the  positions  worked  out  by  the 

CPG or the development of negotiations at WRCs. 

Relations  with third countries 

Within  the  CPG,  it  was  agreed  that  Europe  should  take  the  initiative  at  the  WRC-97  rather 
than being forced  on the defensive  by having to react to other countries'  proposals.  Therefore, 
initiatives  should  be developed  to  identify  their positions  on  the various  agenda  items  and  to 
ensure  that  full  awareness  exists  as  to  the  issues  at  stake.  The  promotion  of  innovative 
technologies,  in  particular  by  the  European  radiocommunications  industry,  should  avoid  that 
WRC  decisions  lead  to  the  introduction  of  distortions  towards  technologies  in  the  market. 
Regarding  developing  countries,  the  exchanges  in  this  field  would  be  considered  in  the 
general framework  of existing cooperation activities. 

For  this  purpose,  a  number  of  informal  contact  groups  have  been  established  to  ensure  a 
dialogue  between  negotiating  parties  on their  preparations  for  the  WRC-97.  The  participants 
will  exchange  information  on  the  development  of  their  proposals,  provide  each  other  with 
comments  and  take  account  of  such  comments  in the  further  development  of their  proposals. 
With  this  process  it  is  hoped  that  a  certain  level  of  approximation  of  the  proposals  can  be 
achieved  already  before  the  conference,  and  that  the  number  of  contentious  issues  to  be 
resolved at the conference  can be minimised. 

It should be mentioned  that contacts with third countries require levels of resources which can 
constitute a considerable burden for administrations and industry alike. 

Involvement of the Community 

Despite the relevance  of  WRCs  for  Community  policy,  and  due to a lack  of  legal  instruments 
and political  support, the involvement  of the Community  in advance of and at WRCs has been 
rather  limited.  Nevertheless,  the  Community  could  and  should  play  a  role  of  importance,  in 
particular: 

• 

to  support  the  CPG  in  the  working  out  of  common  positions  and  to  assess  these  in  the 
context of Community  policies; 

• 

to be instrumental  in mobilising  industry  for the WRC process; 

17 

to raise political  awareness  and  support  regarding  the  issues at  stake  and  the  objectives  to 
be reached; 

to ensure Community  coordination with respect to the common  positions to be worked  out 
prior to and at the WRCs; 

to assist and participate in contacts with third countries. 

Proposals for  improvement 

Against the background  sketched above, a number of recommendations can be made: 

•  It would  be appropriate  to enhance political  awareness  and raise the necessary  backing  for 

the positions worked out on the basis of the agreed agenda items. 

•  Industry  should  be more vocal  in its support  for  the positions  worked  out  by the  CPG  and 

should participate at WRCs where there is a need for on-the-spot  consultation. 

•  Preparatory  activities of third countries with respect to WRCs should be closely  monitored, 
for  example  in order to minimise the risk of surprise  at the conference  itself (i.e. in case of 
last-minute proposals or the emergence of non-agreed agenda items). 

•  Finally, the Community  should  be more closely involved in the WRC process, in particular 
as concerns the support  for  CPG work, to liaise  with  industry, to raise political  awareness, 
and  to  assist  in  establishing  and  maintaining  contacts  with  third  countries.  Also, 
Community  coordination  will  be  essential  in  order  to  formulate  a  Community  position  in 
areas  where  the  views  of  EU  Member  States  may  initially  diverge  (e.g.  last-minute 
proposals  by  third  countries),  are  not  in  agreement  with  other  CPG  countries,  or  are  not 
fully  aware of the potential impact on Community policies. 

4.2 

The WRC-97  agenda 

Agenda  overview 

During the four  week period  of the  WRC-97, the negotiating  countries  will  have to  deal  with 
an extensive agenda comprising of a large number of technically  detailed  issues, such as: 

•  simplification  of the Radio Regulations; 

•  High Frequency broadcasting  service; 

•  maritime mobile and maritime mobile-satellite  service; 

•  global maritime distress and safety  system; 

•  aeronautical  mobile service; 

•  mobile satellite and fixed  satellite services; 

•  Earth exploration-satellite  service; 

18 

•  space research  service; 

• 

fixed  service for high-density  applications. 

An overview of main issues at the agenda38 of the WRC-97 is provided  in Annex I. 

For  the  most  part,  these  issues  do  not  concern  new  telecommunications  services,  but  rather 
services  whose  frequency  requirements  of  which  may  have  altered  over  time  or  as  to  which 
the sharing criteria with other services need to be refined. 

The  CPG  has  developed  160  ECPs  on  virtually  all  the  agenda  items  at  WRC-97  and  it  is 
expected  that,  as was the case in  1995, the majority  of member countries  of the CPG  will co-
sign  these  ECPs.  At  the  industry  consultation  meetings,  industry  involvement  in  the 
formulation  of some of those positions was noted.  . It should therefore  be assumed that, under 
the  current  arrangements,  both  the  CPG  member  administrations  as  well  as  industry  will 
support the common positions developed. 

These  common  positions  are  developed  on  the  basis  of  the  agreed  agenda  and  do  not  cover 
any  issues  which  other  negotiating  parties  may  put  forward  at  the  conference  itself.  At  this 
point  in  time,  however,  no  information  is  available  which  indicates  that  other  major  issues 
will  be  raised  at  the  last  minute;  nevertheless  continuous  monitoring  of  third  country 
preparations  is required. 

Recurring  issues  in relation to the  WRC-97 agenda 

The  WRC-97  will  discuss  two  issues  which  have  caused  considerable  debate  at  the  previous 
conferences. 

Plans  exist  for  the  provision  of  NGSO  FSS,  such  as  proposed  by  the  US-based  Teledesic 
consortium.  These  networks  are  presented  as  the  satellite  equivalent  to  fibre-optic  cable  for 
rural  and  remote  areas  which  do  not  have  access  to  terrestrial  broadband  facilities.  Europe, 
however,  has  several  thousands terrestrial  wireless  fixed  links operate  in the  frequency  bands 
(19/29 GHz)  identified  for NGSO FSS.  It is unclear  whether  sharing  of the bands  is  feasible. 
Furthermore,  the  possibility  of  sharing  between  NGSO  FSS  and  geostationary  orbit  fixed 
satellite  services  (GSO FSS), in which Europe has considerable  current  and planned  interests, 
is  also  unclear.  On  the  basis  of  sharing  studies  which  have  been  carried  out  at  the  national 
level  and  in  the  ITU  study  groups,  WRC-97  has  now  to  decide  on  actual  frequency 
allocations. 

Another  teclinical  innovation  in  the  area  of  radio  communications  concerns  the  provision  of 
voice  telephony  services  via  so-called  Big  LEO  systems  for  hand-held,  mobile,  ubiquitous 
telephone  services. The mobile  satellite  service (MSS  in ITU terminology)  is better  known  in 
Europe  as  Satellite  Personal  Communications  Service  (S-PCS).  WRC-92  already  made 
frequency 
spectrum  available  for  MSS  between  1-3  GHz,  but  additional  world-wide 
allocations  are  likely  to  be  requested  to  WRC-97  by  geographically  large-scale  countries 
outside  Europe.  Considering  that  several  global  proposals  are  currently  set-up  (not  to  count 

38 
since  it merely  lists the detailed  technical  issues to be dealt with. . 

A prioritisation  of the  issues at stake at the  WRC-97  cannot  be derived  on  the  basis of the agenda  alone 

19 

numerous others which have at least been notified  to the ITU in view of requesting  spectrum) 
and  when  projecting  demands  of  various  S-PCS  MSS  operators  with  concrete  intentions  to 
provide  service 
in  Europe,  there  may  be  insufficient  spectrum  available.  Spectrum 
requirements  for  MSS  may clash with those of second  generation  (e.g. DCS-1800, DECT)  or 
third generation  (e.g. UMTS) terrestrial mobile services which are expected  to provide a more 
ubiquitous  and  complete  service  in  most  parts  of  Europe  for  mobile  communications  than 
MSS  satellite  systems  are  probably  capable  of  providing.  For  this  reason,  deployment  of 
UMTS may also well serve the radiocommunications  needs of third countries, as was the case 
with GSM, and may offer  opportunities to further  enhance Europe's export position  in mobile 
technologies. 

In  both  cases,  the  challenge  to  the  international  radiocommunications  sector  would  be  to 
secure  its current  and planned  interests  regarding,  e.g.,  terrestrial  fixed  links, GSO  networks, 
and  UMTS  while  at  the  same  time  facilitating  the  introduction  and  operation  of  S-PCS  and 
NGSO FSS. 

4.3 

Issues for forthcoming  WRCs 

The  general  scope  of the  agenda  of a  WRC  should  be  established  four  years  in  advance  and 
the  final  agenda  preferably  two  years  before  the  conference.  The  final  agenda  is  normally 
established  on the basis  of a Resolution  by the previous  WRC  and  needs  to  be  confirmed  by 
the Administrative  Council of the ITU. 

The agenda of forthcoming  WRCs may include frequency  requirements  for  systems which are 
not  yet  in  operation  or  constructed.  For  example,  WRC-92  and  WRC-95  (provisionally) 
allocated  frequency  bands  to  S-PCS and NGSO  FSS  even  though  such  systems  only  existed 
on paper  at  that  time.  However,  considering  that  radiocommunications  systems  are  designed 
and  developed  to  operate  at  certain  frequencies,  the  availability  of  frequencies  needs  to  be 
secured  at an early  stage. It is therefore  important  that  WRCs take decisions  on frequencies  in 
order  to  allow  industry  to  make  investment  decisions  for  the  development  and  operation  of 
new systems. 

As  regards  the  agenda  for  the  WRC-99,  the  CPG  will  propose  to  WRC-97  to  include  the 
following  issues: 

•  examination  of  the  adequacy  of  frequency  allocations  for  High  Frequency  (HF) 

Broadcasting  from  about 4 to  10 MHz; 

additional  frequency  allocations  for  Satellite  Radionavigation39; 

additional  frequency  allocations to UMTS; 

New  allocations  in  the  range  1-10  GHz  are  required  to  support  future  second  generation  global 
-^ 
navigation  satellite  systems  (GNSS).  Work  is currently  in  progress  to  develop  a  European  Navigation  Satellite 
System 
the  European  Space  Agency, 
EUROCONTROL, and  the European  Commission. 

is  supported  by  various  entities 

(ENSS)  which 

including 

20 

•  HIPERLANs  (wireless Local Area Networks supporting advanced  features,  such as  mobile 

computer and multi media applications). 

Ensuring  spectrum for  systems under development 

Even  though  the  availability  of  spectrum  in  Europe  for  the  deployment  of  terrestrial 
radiocommunications  networks  has  been  sufficient,  a  proactive  approach  towards  WRCs  is 
required  in order to ensure that the transition to UMTS  is not hindered  by  a lack  of  available 
frequency.  Such  an  approach  should  seek  additional  frequency  allocations  to  (terrestrial) 
UMTS  while  facilitating  the operation  of  S-PCS networks, which  compete  for  the  use  of the 
same frequency  bands. 

Even  though  the  WRC-92  identified  frequency  bands  for  UMTS,  it  is  likely  that  these  bands 
are  insufficient  to  accommodate  the  requirements  in  Europe  in  the  longer  term.  For  this 
reason,  the  CPG  will  submit  a  proposal  to  the  WRC-97  with  the  aim  to  have  frequency 
requirements  for  UMTS  included  on  the  agenda  of  the  WRC-99.  Taking  into  account  that 
WRCs  normally  adhere  to  the  agreed  agenda,  the  adoption  by  the  WRC-97  of  the  CPG 
proposal  on  UMTS  is essential  to  provide  industry  with  the prospect  of  sufficient  frequency 
availability  for  UMTS  in  the  medium  term  on  the  basis  of  which  UMTS  applications  and 
equipment  can  be  further  developed.  A  failure  to  do  so  would  practically  mean  that  the 
proposal  would  have  to  be  resubmitted  at  the  WRC-99  for  consideration  by  the  WRC-2001 
which  would  cause  significant  delays  in  the  development  of  this  strategic  element  of  the 
"wireless information  society'. 

5. 

CONCLUSIONS 

Objectives: 

Taking  into  account  that  the  decisions  on  frequencies  taken  at  WRCs  go  beyond  mere 
technical  considerations  and  in  fact  have  a  major  impact  on  the  telecommunications 
regulatory  framework  and  competitive  position  of  the  radiocommunications  sector  in  the 
Community  and in the CEPT countries, concerted action is called for  in order to ensure: 

• 

• 

• 

• 

that common  Community  and, more widely, common  European positions at the WRCs are 
adopted,  in  order  to  safeguard  the  Community's  interests  in  the  international  arena  with 
respect to frequency  allocations 

that  WRC  negotiations  on  frequency  allocations  are  set  against  other  telecommunications 
regulatory  and  policy  objectives  while  taking  due  account  of  commitments  under  the 
international  trade regime; 

that  the results  of the WRC-97  which  impact on Community  interests  are  fully  compatible 
with the acquis communautaire; 

that  at  the  time  of  identification  of  Community  interests  of  particular  importance  at  the 
WRC-97,  technical,  economic  and  political  considerations  can  be  brought  to  bear  on  the 
negotiations, where appropriate; 

21 

Conditions  to be met: 

In order to reach these objectives, the following  conditions must be met: 

• 

• 

that  early  agreement  on  frequency  requirements  at  the  European  level  is  established 
regarding  existing  and  planned  radiocommunications  systems  in  order  to  formulate 
corresponding positions vis-à-vis WRCs; 

that  a  concerted  and  coordinated  approach  towards  the  WRC-97  and  forthcoming 
conferences  is  worked  out,  building  on  existing  working  arrangements,  which  comprises 
the  technical  expertise  of  the  CPG  in  frequency  matters,  and  appropriate  input  and 
participation  from  the  part  of  industry  as  concerns  Europe's  industrial  interests  in 
radiocommunications,  and from  the Community  in terms of telecommunications  regulation 
and other relevant policies; 

• 

that  such  a concerted  approach  is  supported  by the  Member  States  at  the  highest  political 
level, both in the process of establishing ECPs and during the WRC-97 negotiations. 

Appropriate  measures: 

Appropriate  procedures  must  be  put  in  place  in  order  to  ensure  efficient  representation  of 
Community  interests; this involves in particular: 

• 

that  the  Commission  or  Member  States  should  call  for  the  establishment  of  a  common 
Community  position: 

a) in case Member  States disagree amongst themselves on proposals  submitted  to 

the conference  which affect  the Community as a whole; 

b) when Member States disagree with other CEPT countries on such proposals; 

c) when CEPT proposals do not comply with Community  interests; or 

d) when a common  Community position can contribute to strengthen the CEPT 

proposals  in discussions with third countries. 

• 

that  an appropriate  mechanism  is established  with the European  industry  to ensure that  the 
adoption  of  European  Common  Proposals  (ECPs)  by  the  CEPT  do  reflect  Europe's 
industrial  needs  in  the  radiocommunications  sector;  and  that  such  a  mechanism  can  be 
rapidly utilised  during the WRC to obtain industry reaction, where appropriate. 

22 

ANNEX I 

MAIN ISSUES ON THE WRC-97 AGENDA40 

Issue 

Background 

Agenda 
item 

1.1 

Deletion country  footnotes 

Administrations may add country  footnotes  to allocations,  specifying 
national  situations.  The  aim  is  to  reduce  the  number  of  national 
divergencies. 

1.2 

1.3 

1.4 

1.6 

1.6 

1.6 

1.6 

1.8 

1.9 

1.9 

1.9 

1.9 

of 

the 

Radio  The  RR  are 

technically  very  complex  and 

coordination  procedures. The aim  is to simplify  this. 

Simplification 
Regulations (RR). 
Earth  station  frequency  coordination  Due to  technical  and  commercial  developments,  the  coordination  of 
frequencies  for  small  fixed  and  hand-held  Earth  stations  needs  to  be 
relating to the Fixed  Service (FS) and 
Fixed  Satellite Service (FSS). 
improved. 
Planning 
for  High  Consideration  of  a 
Frequency 
Communications (HFBC). 
Global  Maritime  Distress  and  Safety  To  allow  administrations  to  release  stations  in  the  international 
maritime  service from  the listening  watch  at certain  frequencies  after 
Communications (GMDSS). 
1 February  1999. To ensure the overall safety  of life at sea. 

developed  in the ITU Radiocommunication  Sector. 

simplified  planning  procedure, 

require  detailed 

Broadcasting 

procedures 

flexible, 

in 

for 

to 
the 

stations 

the  New  (digital)  technologies  will  be  implemented  in  the  VHF-band 

Frequencies 
Maritime  Mobile  Service:  to  offer  with additional  frequency  requirements. 
administrations  more  flexibility 
relieve  present  congestion 
in 
maritime band. 
Order  of  priority  of  communications  Level of priority should be  redefined. 
of  the  maritime  mobile  service  and 
the  maritime  mobile  satellite  service 
(in the same frequency  bands). 
Use  of  new  digital  technology  in  the 
Identification  of  suitable  characteristics  of  digital  systems  to  replace 
existing analogue technology. 
maritime radiotelephony  channels. 
Use  of  the  band  136-137  MHz  by  To  ensure  that  no  harmful 
services  other  than  the  Aeronautical 
Mobile  Service. 
MSS below  1  GHz. 

aeronautical  service (used  for  safety,  regulation  of  flights). 

interference  will  be  caused  to  the 

MSS between  1-3  GHz. 

20/30 GHz bands - NGSO FSS 

NGSO MSS feeder  links 

Concerns  frequency  requirements  for  "Little  LEOs"  (providing 
world-wide  data  communications  services)  and  the  feasibility  of 
sharing with other services. 
Feasibility  of  sharing  between  MSS  ("Big  LEOs",  providing  world 
wide  voice  communications  services)  and  other  services  (e.g.  Met-
Sat, FS, radio astronomy, Earth exploration  satellite service). 
Frequency  requirements  and  sharing  scenarios  of  digital  broadband 
radiocommunications  services. 
Allocation  of  frequencies  to  the  fixed-satellite  service  for  feeder 
links of non-geostationary  satellite networks  in the MSS 

agenda  items 2-8 mainly  concern  standard  agenda items of a mainly  administrative  nature 
8.2 

Agenda  for  WRC-99 and  WRC-2001  Deciding on the preliminary  agenda of the forthcoming  two WRCs. 

40 
Agenda  for  the  1997  World  Radiocommunication  Conference. 

Note  that  the  list  of  issues  is  not  exhaustive.  For  the  complete  agenda,  see:  Resolution  GT  PLEN-3: 

23 

ANNEX II 

GLOSSARY 

CEPT 

CPG 

European Conference  of Postal and  Telecommunications 
Administrations 

Conference  Preparatory Group (of the CEPT) 

DCS-1800 

Digital Communications  Services in the  1800 MHz range 

DECT 

ECP 

ERC 

Digital European Cordless  Telecommunications 

European Common Proposal (prepared by CPG) 

European Radiocommunications  Committee (of the CEPT) 

ERMES 

European Radio Messaging  System 

ETSI 

EU 

FPLMTS 

GATS 

GMPCS 

GSM 

GSO FSS 

ITU 

MSS 

European Telecommunications  Standards Institute 

European Union 

Future Public Land Mobile Telecommunications  Systems 

General Agreement on Trade in Services 

Global Mobile Personal Communications  Services 

Global  System for Mobile  Communications 

Geostationary  Orbit Fixed  Satellite  Service 

International Telecommunication  Union 

Mobile Satellite  Service 

NGSO FSS 

Non-Geostationary  Orbit Fixed Satellite  Service 

NRA 

S-PCS 

WRC 

WTO 

UMTS 

National Regulatory  Authority 

Satellite Personal Communications  Services 

World Radiocommunications  Conference 

World Trade Organisation 

Universal Mobile Telecommunications  System 

24 

ISSN 0254-1475 

COM(97) 304  final 

DOCUMENTS 

EN 

15 

Catalogue  number  :  CB-CO-97-312-EN-C 

ISBN  92-78-21685-2 

Office  for  Official  Publications  of the European  Communities 

L-2985  Luxembourg 

tf